HomeMy WebLinkAbout2000-407ORDINANCE NO 9000 - C(0 f
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AWARDING A PUBLIC WORKS CONTRACT
FOR THE CONSTRUCTION OF THg GAYLABRIDGES SANITARY SEWER SYSTEM,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE (BID 2569 — GAYLA BRIDGES SANITARY SEWER SYSTEM AWARDED TO
C-CON SERVICES IN THE AMOUNT OF $435,543 00)
WHEREAS, the City has solicited, and received competitive sealed bids for the construction of
public works or improvements in accordance with the procedures of STATE law and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that the
herein described bids are the lowest respondent for the construction of the public works or improvements
described in the bid invitation, and plans and specifications therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive sealed bid for the construction of public works or
improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office
of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR
2569 C-Con Services
AMOUNT
$435,543 00
SECTION II That the acceptance and approval of the above competitive sealed bid shall not
constitute a contract between the City and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, and insurance certificate after notification of the award of
the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice
to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions,
plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive sealed bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the J m day of n .12000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
10
HERBERT L PROUTY, CITY ATT
BY
BID 2569 - CONT CT1
10 2000
&d(, n- L Id -) 0 W12-
EULINE BROCK, MAYOR
ATTACHMENT
TABULATION SHEET
Bid 2569 Date 10/5/00
GAYLA BRIDGES AND SANITARY SEWER SYSTEM
No DESCR
PTION
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
R-CON Inc
C-Con Services
Pipe Con Inc
Mid State Utilities
H & W Utilities
Principle Place of Business
IRVING TX
DALLAS TX
IRVING TX
WACO TX
LAKE DALLAS TX
1 TOTAL BASE BID
$539,956 10
$435,543 00
$548,279 00
$597,347 25
$475,624 10
2
BID BOND
YES
YES
YES
YES
YES
No
DESC IPTION
VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
North Texas
Contracting
Circle C
Consturctlon
Jackson
Construction
Dickerson
Construction
Whlzcon
Utiltitles
Principle Place of Business
KELLER TX
FORT WORTH TX
FORT WORTH TX
CELINA TX
ARLINGTON TX
1 TOTAL BASE BID
$579,999 50
$644,978 50
$572,933 50
$512,939 50
$497,370 00
2
BID BOND
YES
YES
YES
YES YES
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this _Z—day of November A D ,
2000, by and between City of Denton of the County of Denton and State of Texas, acting
through Michael W. ez—thereunto duly authorized so to do, hereinafter termed
"OWNER," and
of the City of Dallas, County of Dallas and State of Texas, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
Bid 2569 - Oayla/Bri gec Sanitary Sewer System
in the amount of $435 543 and all extra work in connection therewith, under the terms
as stated in the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal and the Performance
and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the
Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and
Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent,
and in accordance with the plans, which includes all maps, plats, blueprints, and other
drawings and printed or written explanatory matter thereof,
CA-1
and the Specifications therefore, as prepared by
all of which are referenced herein and made a part hereof and collectively evidence and
constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
ATTEST
ATTEST
APPROVED AS TO FORM
CITY ATTORNEY
OW R
B '
(SEAL)
CONTRACTOR
�� T,�,es ys229
MAILING A DRESS
��z ,zs� sass
PHONE NUMBER
CA-3
wiz .2 s�7
FAX NUMBER
II
TITLE
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS § Bond No 103346727
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That C-Con Services whose address
is 11127 Shay Trail #10$, Dallas TX 75229 hereinafter called Principal, and
TraveiersZasualty and surety Company of America , a corporation organized and
existing under the laws of the State of C0 , and fully authorized to transact business in
the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of Four Hundred Thirty Five Thousand Five Hundred Forty Three
and no/100 DOLLARS ($-Ai5,5A3-) plus ten percent of the stated penal sum as an additional
sum of money representing additional court expenses, attorneys' fees, and liquidated damages
arising out of or connected with the below identified Contract, in lawful money of the United
States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be
made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents This Bond shall automatically be increased by
the amount of any Change Order or Supplemental Agreement which increases the Contract
price, but in no event shall a Change Order or Supplemental Agreement which reduces the
Contract price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal I entered into a certain Contract, identified by Ordinance Number 2000-407, with the
City of Denton, the Owner, dated the _7 day of November AD 2000, a copy of
which is hereto attached and made a part hereof, for Bid # 2569 - C;ayla/Bri ges Samtary
Sewer System.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7,19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the day of November 2000
ATTEST
BY
SE RETAR
ATTEST
BY
PRINCIPAL
C-Con Services
B
PRESIDENT
SURETY
Travelers Casualty and Sure r Com an of America
BY Agd!-
ATTORN -IN-FACT Cindy Fowler
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME William D. Baldwin
STREET ADDRESS 1201 Kas Dr., Ste. B. Richardson, T% 75081
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name )
PB-2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
Bond No. 103346727
KNOW ALL MEN BY THESE PRESENTS That -Con Services-, whose address
is 11127_Shady Trail # 108, Dallas, TX 75229 hereinafter called Principal, and
Travelers Casualty and Surety Company of America a corporation organized and
existing under the laws of the State of Connecticut, and fully authorized to transact business in
the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
Four HUndred Thirty Five Tho nand Five Hundred Forty Three and no/100 DOLLARS
($435 543) in lawful money of the United States, to be paid in Denton, County, Texas, for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2000-407 , with
the City of Denton, the Owner, dated the 7 day of November AD 2000, a copy of
which is hereto attached and made a part hereof, for Bid 2569 - Cayla/Bridges Sanitary ewer
System,
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent to Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the 7 day of November , 2QQQ
ATTEST
BY ;4� �
SECRETAR
PRINCIPAL
C-Con Services
PRESIDENT
ATTEST SURETY
Travelers Casualtyand Surety Com an of —_ America
BY
BY - _
ATTORNEY-V -FACT Cindy Fowler
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and ser�,ire
of the process is
NAME William D. Baldwin
STREET ADDRESS 1201 Kas Dr Ste B. Richardson TX MA1
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, Illinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly orgamied under the laws of the State of Connecucu[, and having their principal offices in the City of Hartford,
County of Hartford, State of Cormectieut, and TRAVELERS CASUALTY AND SURETY COMPANY OF iLLINOIS, a
corporation duly organized under the laws of the State of Illinots, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (heranafter the "Companies") hoth made, constituted and appointed, and do by these presents malt-,
constitute and appoint William D. Baldwin, Don E. Smith, Ray Watson, Michael B Hill, Cindy Fowler, Suzanne C. Baldwin
or William L, Ridlehoover""
of Richardson, TX, their true and lawful Attorneys)-m-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s)
by his/her sole signature and act, any and ail bonds, recogmzances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
not exceeding the sum of FIFTY bffLLION 050,000,000 00) DOLLARS per bond ' '
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed
This appointment is made tinder and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect
VOTED That the Chairman, the President, any Vice Chairman, any Executive Vice President any Semor Vice President any Via President any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Companv's name and seal with the Company's seal bonds, recogni=ces contracts of indemnity and other writings obligatory in
the nature of a bond, recogr zance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given hum or her
VOTED That the Chairman the President, anv Vice Chairman any Executive Vice President, any Senor Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Companv provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary
VOTED That any bond, recognisance, contract of indemnity, or writing obligatory in the nature of a bond recognizance. or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President anv
Senior Vice President or any Vice President any Second Vice President the Treasurer anv Assistant Treasurer the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Companv s seal by a Secretary or Assistant Secretary or (b) duly executed (undo seal if
required) by oni. or more Attomevs-m-Fact and Agents pursuant to the pother prescribed in his or her certificate or their u.rtificates of authont% or
by one or more Company ollicers pursuant to a written delegation of authonty
This Power of Attorney and Certificate of Authority is signed and scaled by facsimile under and by authority of the following
Standing Resolution Noted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA TRAVELERS CASUALTY AND SURETY COMPANY. FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF iLLINOIS. which Resolution is now in full force and effect
VOTED Mat du signature of each of the lollowing officers President anv Exeeutiyt. Vice President anv Senior Vice President anv Vice
1'resident anv Assistant Vici. President anv Secretary anv Assistant Secretary and the seal of the Company may be atlixed by tacsrmile to anv
power of auomev or to any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretaries or Attorneys -in Fact for
purposes only of execugng and attesting bonds and undertakings and other writings obligatory in the nature thereof and anv such power of attornev
or certificate bearing such lacsimile signature or lacsimile seal shall be valid and binding upon the Company and any such power so executed and
eenttied by such mcsimdi. signature and facsimile seal shall be valid and binding upon the Company in the tuture iiith respect M ary bond or
undt.rtalang to tyhrch it is attached
(8 97)
IN -WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 18th day of November, 1999
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COM" %NY
{SS Hartford FARMINGTON CASUALTY COMPANI
COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY )F ILLINOIS
sau��Wp aMrry0800
r,19 a 3�' o gnr ey Mevr� s <„",a aGeorge W Thompson
'y . .o Senior Vice President
On this I8th day of November, 1999 before me personally came GEORGE W. THOMPSON to me known, who, bang by me duly
swom, did depose and sav that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above Instrument, that he/she knows the seals of said corporations, that the seals affixed to the said instrument are such corporate
seals, and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutions thereof
p,TlT
* 'tie to .
S` My commission expires June 30 2001 Notary Public
4)
Mane C Tetreault
CERTIFICATE
I the undersigned Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
,ae State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attornev and Certificate of Authority remains in
full force and has not been revoked and furthermore that the Standing Resolutions of the Boards of Directors as set forth in the
Certificate of Authority, are now in force
Signed and Sealed at the Home Office of the Company, in the Cttv of Hartford State of Connecticut Dated this 7th day of
Nnvpmhpr 2000
BY
t Kori M Johanson
Assistant Secretary, Bond
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance
P O Box 149104
Austin, Texas 78714-9104
FAX No (512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim, you should contact
the company first If the dispute is not resolved, you may contact the Texas Department
of Insurance
ATTACH THIS NOTICE TO YOUR POLICY
This notice is for information only and does not become a part or condition of the
attached document
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's itention is directed to the insurance requirements below. It is highly recommended
that btdd;rs confer with their respective insurance carriers or brokers to determine in advance
Of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project ,Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time, however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the fbllowmg general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A M Best Company rating of at least A
Any deductibles or self -insured retentions shall be declared in the bid proposal If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses
Liability policies shall be endorsed to provide the following
•• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
•• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability
• All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
• Should any of the required insurance be provided under a claims -made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract expiration,
such that occurrences arising during the contract term which give rise to claims made
after expiration of the contract shall be covered
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, ifso noted
[X] A General Liability Insurance.
General Liability insurance with combined single limits of not less than R] _000,000
shall be provided and maintained by the Contractor The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage
• Coverage B shall include personal Injury
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability
[X] Automobile Liability Insurance.
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $1,000,000 either in a single policy or in a
combination of basic and umbrella or excess policies The policy will include bodily
injury and property damage liability ansmg out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy endorsement for
• any auto, or
• all owned, hired and non -owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
ATTACHMENT
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees This includes,
without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project "Services" does
not include activities unrelated to the project, such as foodibeverage vendors, office
supply deliveries, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 Olt(44) for all employees
of the Contractor providing services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project
F The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project
H The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage
The contractor shall contractually require each person with whom it contracts to
provide services on a project, to
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401011(44) for all of its
employees providing services on the project, for the duration of the project,
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project,
(3) provide the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project,
(4) obtain from each other person with whom it contracts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person beginning work on the
project, and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project,
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter,
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services
on the project, and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services
J By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carver or, in the
case of a self -insured, with the commission's Division of Self -Insurance Regulation
Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions
K The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void
if the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity
Bid 2569—Gayla/Bridges Sanitary Sewer System - CONTRACT & INS 11 -00
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance Policy limits will be at least
combined bodily injury and property damage per occurrence with a
aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building Limits of not
less than each occurrence are required
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications
BID SUMMARY
TOTAL BID PRICE IN
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work until
final completion and acceptance, and o guarantee payment for all lawful claim for labor
performed and materials furnished in the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed and
finished in accordance with the plans and specifications, to the satisfaction of the Engineer
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final
Unit and lump sum prices as shown for each item listed in this proposal, shall control over
extensions
CONTRACTOR
Street Xddress
�i✓c.c,R.s T T.S�z%
City and State
Seal & Authorization
(If a Corporation) 97.Z-vZ53-�l�sf
Telephone
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this
day of
of the County of
A D , 2000, by and between
hereinafter termed "OWNER," and
of the City of
and State of
and State of Texas, acting through
County of
[hereunto duly authorized so to do,
hereinafter termed "CONTRACTOR "
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
in the amount of and all extra work in connection
therewith, under the terms as stated in the General Conditions of the agreement, and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, x, insurance, and other accessories and services necessary to
complete the work sp,_ above, in accordance with the conditions and prices stated in the
Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all
the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders
(Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the
office of the Purchasing Agent, and in accordance with the plans, which includes all maps,
plats, blueprints, and other drawings and printed or written explanatory matter thereof,
CA-1
Gayla Bridges Sanitary Sewer Work Days 80
Bid No 2569
BID TABULATION SHEET PO No
Item Description I Quantity jUnitl
Unit Price Total
121 Contractors Warranties and U,ndeerrs'tandm s
LS
$ '?546 °O / LS Is 9Soor'&
Did Price In Words �nNC /frbsl$AAh0 % e—"AS
2 13
F exbase 6" 1
56 1
SY Is
-3iZ 6O / SY Is
/ 79z
U it Pnce In Words // y tr Z, oc c a.cs
2 12-B
8'i Sanitary Sewer 3167
LF
$ 3/ °O / LF
$ %8 1770
UnitPnce In Words p,t/
2 12-C
1 " Sanituy Sewer
3422
LF
$ 30 °O / LF
$/02 4(o
UnitPnce In Words
3-C
Riemove Concrete Drives & Walks 8
1 SY Is /,? O0 / SY
$ 9(o7
Unit Price In Words e s
3 1 lPrep=tion of FU ht of Way
LS
$ p ''l LS
$`pb0a
UnitPnce In Words 7Z4/Z d0aua 12y6,Z-AC,,S
3 104 Broadcast Seeding
1394 1 SY
Is / ' ° ° / SY
$ / % . °
Unit Price In Words p v ,L
3 10 7
Hydromulch
1127
SY
Is /• ° ° / S`�
$ /� 7. °'
Unit Price In Words b.v El pUC <_ An
3 12
IT"emporary Erosion Control
I LS
$ % L13
I $ 9 <eies
Unit Pnce In Words Alf",,1• / a dNo ids .v r! °C Uo2f
5 7-B
2" Asphalt Pavement (T a C, Patch Mad)
11
TON
$ /df• pO/ TON
Unit Price In Words p n/E /-4N0AC .0 , f p
745
Class A Concrete
38 CY $ Od'' ° / CY
$ tiv
Unit Price In Words /i/e�„/ a cc of t
7 6-A-1
Iastall Concrete Manhole (4' hD-)-
10
EA
$ Z8 So s/ EA
$ sop•
Unit Price In Words /wo /kpuraA/ N*
8/30/00 P 3
Accompanying this proposal is a certified or cashiers check or Bid
Bond, payable to the owner, in the amount of five percent of the total
bid
It is understood that the bid security accompanying this proposal
shall be returned to the bidder, unless in case of the acceptance of
the proposal, the bidder shall fail to execute a contract and file a
performance bond and a payment bond within fifteen days after its
acceptance, in which case the bid security shall become property of
the Owner, and shall be considered as a payment for damages due to
delay and other inconveniences suffered by the Owner on account of
such failure of the bidder Owner reserves the right to reject any
and all bids Owner may investigate the prior performance of the
bidder on other contracts, either public or private, in evaluating bid
proposals should bidder alter, change, or qualify any specifications
of the bid, Owner may automatically disqualify bidder
The undersigned hereby proposes and agrees to perform all work of
whatever nature required, in strict accordance with the plans and
specifications, for the following sum or price to wit.
p -2
Gayle Bridges Sanitary Sewer Work Days 80
Bid No 2569
BID TABULATION SHEET PO No
Item
Description I
Quantity junul Unit Price Total
7 6-A-2
Install Concrete Manhole 5' I 1
5 1 EA $ 36 do pO/ EA $ /c�o
U tt Pnce In Words /iy/2 ,S' O
7 6-A-3
Install Drop Manhole (S'' ID
4
EA I $ 3800 0° / EA
$ •"
Unit Price In Words /ZAr- ciw e- t-oo S
8 I
Bamcades, Warning Sips Detours
LS Is
stud ° °/ LS
Unit Price In Words '/FT 111:5'dlf- w a
83
Dnvewa 6"
8
SY Is
/i2 S• O° / SY Is
000 • e
Unit Price In Words d vg 4,c�oety �-,rA, a�dF o�c 4/C f
814
M scellaneous Fence,-�
LS
$ 3 Soa LS
$ •v
Unit Price In Words e!ivy ludic ry vc c aoz f
WS-18 A
ISanituy Sewer Service(Public)
37
EA
IS S O • ° °/ EA
I $ S4o '
Unite Price In Words
WS-18 B
I Sanitary Sewer Service
1 5200
1 LF
$ /S Ye / LF
IS 78 aga•'
Unit Price In Words
SP-2
Concrete Saw Cut
36
1 LF
$ s' ° ` / LF
Is Z51,01 j°
Unit Price In Words -co.-e f
SP-10
Rock Excavation
50
1 CY
Is Zo'1P' / CY
$ /049..r°
Unit Price In Words �E�✓i� mac cute S
SP-37
Excavation Protection
6589
LF
IS `' ° / LF
$ �s °e
U it Price In Words
SP-39
Pro ect Sips
2
EA
$ Soo •oz. / EA
$ Odo•-'
,.—
Unit Price In Words /� ✓� 27R / a 4 f
SP-43
Asphalt Saw Cut 5663 LF
Is eo / LF
Is <,cow -
Unit Price In Words ON c
$ / $
8125/00 P 4
Gayla Bridges Sanitary Sewer Work Days 30
Bid No 2569
BID TABULATION SHEET PO No
Item
Description I
Quantity
Uait
Unit Price I Total
$ / $
$ /
Is
$
$
TOTAL sy o0
8/25100 P 5
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, thatwe
C Con Services, Inc (Here insert full name and address or legal title of Contractor)
11127 Shady Trail, Suite 108, Dallas, TX 75229
as Principal, hereinafter called the Principal, and
(Here insert full name and address or legal title of Surety)
Travelers Casualty and Surety Company of America
7920 Belt Line Rd ,Dallas, TX 75240
a corporation duly organized under the laws of the State of Connecticut
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Denton (Here Insert full name and address or legal title of Owner)
901-8 Texas St, Denton, TX 76201
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid
Dollars ($ 5% GAB
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents
WHEREAS, The Principal has submitted a bid for
(Here insert full name address and description of project)
Gayla Bridges Sanitary Sewer Project #E & T 2000-004
NOW THEREFORE if the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
prompt payment of labor and material furnished In the prosecution thereof or in the event of the failure of the Principal
to enter such Contract and give such bond or bonds if the Principal shall pay to the Obligee the difference not to
exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may
in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and
void otherwise to remain in full force and effect
Signed and sealed this 5th day of October 2000
rw`�/� c-ConY s
e (Pnncrpal) (Seal)
(WiMess) �Y
(Tide)
/J Travelers Casualt and Sure oman of America
`�— C r eryJ (Seal)
(WiMess)
er Cindy o (Title) Att� Fact
AIA DOCUMENT A310 BID BOND AIA O FEBRUARY 1970 ED THE AMERICAN
INSTITUTE OF ARCHITECTS 1735 N Y AVE N W WASHINGTON D C 20006
WARNING Unlicensed photocopying violates U S copyright laws and Is subject to legal prosecution
,ent by ALLIED GROUP
9727397034, 12/04/00 10 10AM,JetFsx #444,Page 2/2
ACQRD_ CERTIFICATE OF LIABILITY INSURANCE I
ANEW N. Amwka Cwf . of I.
-12 m eak Rood, surf "If
Dallas, TX 76281
(977)MI&IJI0 F�M")SWISSST7
cmPw Examwebn, Ina
0.06" sw1wY. MD.
III" SMdy Tmk Sure 10a
ISSUES, Twee 75210
F,
INSURERS AFFORDING COVRRAOR
THE POIJCISR OF INSURAN a LIETED BKOW NAYR GEED IEEUIID TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWTOWANPING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WMICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PENTAIN, TMG INSU Lk AHWHUkU Sy I "I_ FVUL.Iab Ljt S SLUE MEMAN IS bUtUhL I I U ALL I Ht I I=NMb, hyJ LUb1UNb AND WNUI I IONS UH SULM
PnI InPIA AANRFtATF1 IWTq ACIWM MAY HAVP RPPN RFnt ICRf1 Gv PAIn CJ AIMR
low
APFI,FIMUNISN"
mlInv NINAWN
OIRX&JARI,
U+T2
A
GENERAL
LIAERITV
GAL
cows MADE IE ,i� DEwsg�.41A&LAv jl QCCUR
OPPISTISTe
W20103
GEI20/Bi
Moo
PUROMML&AQVINJURV
9 IMAM
REHL
TE U1aT PER
Lac
P
A
MILE UAMI=Y
mvAum
ALL OWNED AUTOS
SCHEDULED AUTOS
HIIEDAUIOS
NONdN'NFDAUOS
GAIS12575
06120100
09I20/01
DOMMIN aINOL U LIMB
leaAcdlari) _ _
Lv INJURY
W'Po. )
e _1,fXI0A0D
a
X
areoomy Y
ormomdoro
a
X
MLL FRTY RAMARF
(PWWWO II
SAWN LIABILITY
ANY AUTO
AUTO VA AcMaMT
a
FAM
AUTO ONTLr
R
SKOWUAWUTT
0=8 ❑ CLAIMS MADE
DEDUCTIBLE
RETENTION S
9103/057
0E/20/00
OEf2W0/
5=H CCCURRENCR00
AWREQATE
S 5,000m
A
W0HKEREC0MpsaA110NAW
6YPI.aYEIm'MAYUTY
W013I2W
W20(OD
00120f01
X A
EACH ACCIDENT
L I
DISEASEPOLICY LIMIT
DRIER
aDDOaPTION OFOP[gATONOM1(IDATIONOrvCYDLCD'CYOLYNDND ADOCD DY CND°RDO�CNTAPCO4L Pmjnd SIN 2M . 6e1% r WMVm s.1w dn/y SaaSpdeMoy cof PROVIMd policy shall not be cancelled,
Denton, its 011lahIs, Emplaym and Vohmlams we named uourenewed or materially change vi.thout
�' 30 days advanced written notice being
AddMoml 0m wed far gevmglm aaaapl WofkeW Cempmwtlae and gY�en to the opaer (city) e t when
pm kh d Walt of Srqugmthm for Workma; compwm Lbm the policy is beiog cancelle vor
Coverages arc primary to any ether insurance svailablc nespaymEut of pr 11m iu which case 1Od
SHOULD ANY OF THE ABOVE DESCMOBD POUOES 01 DANCELLSO BEFORE 1HE UARATA N
DATE TWWOR THE ISSUING INSURER VALLiMNSININIVIRamL —111_ DAYS WMTTEN
NOIM:E TO WE CERTIFICATE HOLDER NAMEDTO THE LIFT,
City of Denton
901 E. Texas Street
Denton. Texas 76209